ERISA Exemptions. The Parent and the Borrower shall not, and shall not permit any Subsidiary to, permit any of its respective assets to become or be deemed to be “plan assets” within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder.
Appears in 38 contracts
Samples: Term Loan Agreement (Piedmont Office Realty Trust, Inc.), Term Loan Agreement (Piedmont Office Realty Trust, Inc.), Term Loan Agreement (Kite Realty Group, L.P.)
ERISA Exemptions. The Parent and the Borrower shall not, and shall not permit any Subsidiary to, permit any of its respective assets to become or be deemed to be “plan assets” within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder.
Appears in 19 contracts
Samples: Management Agreement (Hospitality Properties Trust), Credit Agreement (Senior Housing Properties Trust), Term Loan Agreement (UDR, Inc.)
ERISA Exemptions. The Parent and the Borrower shall not, and shall not permit any other Obligor or any Subsidiary of the Borrower or any other Obligor to, permit any of its respective assets to become or be deemed to be “plan assets” within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder.
Appears in 18 contracts
Samples: And Term Loan Agreement (Columbia Property Trust, Inc.), Term Loan Agreement (Columbia Property Trust, Inc.), Term Loan Agreement (Columbia Property Trust, Inc.)
ERISA Exemptions. The Neither the Parent and nor the Borrower shall, or shall not, and shall not permit any Subsidiary to, permit any of its respective assets to become or be deemed to be “plan assets” within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder. Neither the Parent nor the Borrower shall cause or permit to occur, or permit any other member of the ERISA Group to cause or permit to occur, any ERISA Event if such ERISA Event could reasonably be expected to have a Material Adverse Effect.
Appears in 9 contracts
Samples: Credit Agreement (Corporate Office Properties Trust), Term Loan Agreement (Corporate Office Properties, L.P.), Term Loan Agreement (Corporate Office Properties, L.P.)
ERISA Exemptions. The Parent and the Borrower shall not, and shall not permit any Subsidiary to, permit any of its respective assets to become or be deemed to be “plan assets” within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunderthereunder other than as a result of contributions by the Borrower or a Subsidiary to Benefit Arrangements, Plans or Multiemployer Plans not prohibited by this Agreement or any other Loan Document.
Appears in 5 contracts
Samples: Credit Agreement (Federal Realty Investment Trust), Credit Agreement (Federal Realty Investment Trust), Credit Agreement (Federal Realty Investment Trust)
ERISA Exemptions. The Parent and the Borrower shall not, and shall not permit any Subsidiary to, permit any of its respective assets to become or be deemed to be “"plan assets” " within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder.
Appears in 5 contracts
Samples: Credit Agreement (Hospitality Properties Trust), Credit Agreement (Senior Housing Properties Trust), Credit Agreement (HRPT Properties Trust)
ERISA Exemptions. The Parent Holdings and the Borrower shall not, and shall not permit any Subsidiary to, permit any of its respective assets to become or be deemed to be “plan assets” within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder.
Appears in 3 contracts
Samples: Security Agreement (Morgans Hotel Group Co.), Credit Agreement; And Waiver Agreement (Morgans Hotel Group Co.), Credit Agreement (Morgans Hotel Group Co.)
ERISA Exemptions. The Parent Borrower and the Borrower Parent shall notnot permit, and shall not permit any other Loan Party or any other Subsidiary toto permit, permit any of its respective assets to become or be deemed to be “"plan assets” " within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder.
Appears in 3 contracts
Samples: Credit Agreement (Pennsylvania Real Estate Investment Trust), Credit Agreement (Pennsylvania Real Estate Investment Trust), Credit Agreement (Pennsylvania Real Estate Investment Trust)
ERISA Exemptions. The Parent and the Borrower shall notNot, and Borrower shall not permit any Subsidiary to, permit any of its respective assets to become or be deemed to be “"plan assets” " within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder.
Appears in 3 contracts
Samples: Credit Agreement (Allied Capital Corp), Credit Agreement (Allied Capital Corp), Credit Agreement (Allied Capital Corp)
ERISA Exemptions. The Parent and the Borrower shall not, and shall not permit any Subsidiary to, permit any of its respective assets to become or be deemed to be “plan assets” within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder.
Appears in 2 contracts
Samples: Credit Agreement (Bre Properties Inc /Md/), Credit Agreement (Bre Properties Inc /Md/)
ERISA Exemptions. The Parent and the Borrower shall not, and shall not permit any other Subsidiary to, permit any of its respective assets to become or be deemed to be “"plan assets” " within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder.
Appears in 2 contracts
Samples: Credit Agreement (CNL American Properties Fund Inc), Credit Agreement (CNL American Properties Fund Inc)
ERISA Exemptions. The Parent and the Borrower shall notNot, and Borrower shall not permit any Subsidiary to, permit any of its respective assets to become or be deemed to be “plan assets” within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder.
Appears in 2 contracts
Samples: Credit Agreement (Allied Capital Corp), Credit Agreement (Allied Capital Corp)
ERISA Exemptions. The Parent and the Borrower shall notNot, and Borrower shall not permit any Consolidated Subsidiary to, permit any of its their respective assets to become or be deemed to be “plan assets” within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder.
Appears in 2 contracts
Samples: Credit Agreement (Allied Capital Corp), Credit Agreement (Allied Capital Corp)
ERISA Exemptions. The Parent and the Borrower shall not, and shall not permit any other Loan Party or any other Subsidiary to, permit any of its respective assets to become or be deemed to be “plan assets” within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder.
Appears in 2 contracts
Samples: Credit Agreement (U-Store-It Trust), Assignment and Acceptance Agreement (U-Store-It Trust)
ERISA Exemptions. The Parent and the Borrower shall not, and shall not permit any other Obligor or any Subsidiary of the Borrower or any other Obligor to, permit any of its respective assets to become or be deemed to be “plan assets” within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder.. Section 9.12
Appears in 2 contracts
Samples: Term Loan Agreement, Term Loan Agreement
ERISA Exemptions. The Parent Borrower and the Borrower Parent shall not, and shall not permit any other Guarantor or any other Subsidiary to, permit any of its respective assets to become or be deemed to be “"plan assets” " within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder, of any ERISA Plan or any Non-ERISA Plan.
Appears in 2 contracts
Samples: Credit Agreement (Regency Realty Corp), Credit Agreement (Regency Realty Corp)
ERISA Exemptions. The Parent Borrower and the Borrower Parent shall not, and shall not permit any other Guarantor or any other Subsidiary of the Parent to, and RRG shall not, permit any of its respective assets to become or be deemed to be “"plan assets” " within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder, of any ERISA Plan or any Non-ERISA Plan.
Appears in 1 contract
ERISA Exemptions. The Parent and the Borrower shall not, and shall not permit any other Subsidiary, Controlled Joint Venture Subsidiary or any other Loan Party to, permit any of its respective assets to become or be deemed to be “plan assets” within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder.
Appears in 1 contract
ERISA Exemptions. The Parent Borrower and the Borrower Parent shall notnot permit, and shall not permit any other Loan Party or any other Subsidiary toto permit, permit any of its respective assets to become or be deemed to be “plan assets” within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder.
Appears in 1 contract
Samples: Term Loan Agreement (Pennsylvania Real Estate Investment Trust)
ERISA Exemptions. The Each Parent and the Borrower shall not, and shall not permit any other Subsidiary to, permit any of its respective assets to become or be deemed to be “"plan assets” " within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder.
Appears in 1 contract
Samples: Credit and Reimbursement Agreement (CNL American Properties Fund Inc)
ERISA Exemptions. The Parent Borrowers and the Borrower Parent shall not, and shall not permit any other Guarantor, any Development Affiliate Guarantor or any other Subsidiary to, permit any of its respective assets to become or be deemed to be “"plan assets” " within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder, of any ERISA Plan or any Non-ERISA Plan.
Appears in 1 contract
ERISA Exemptions. The Parent and the Borrower shall not, and shall not permit any other Subsidiary or any other Loan Party to, permit any of its respective assets to become or be deemed to be “plan assets” within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder.
Appears in 1 contract
ERISA Exemptions. The Parent Borrower and the Borrower Parent shall not, and shall not permit any other Guarantor or any other Subsidiary of the Parent to, permit any of its respective assets to become or be deemed to be “"plan assets” " within the meaning of ERISA, the Internal Revenue Code and the respective regulations promulgated thereunder, of any ERISA Plan or any Non-ERISA Plan.
Appears in 1 contract
